02/11/1997 12:01 PM House JUD

 HB 120 - STATE IMMUNITY FROM SUIT IN FED COURT                              
                                                                               
 CHAIRMAN GREEN announced that the only item on the agenda was the             
 continuation of HB 120, "An Act relating to the power of the                  
 attorney general to waive immunity from suit in federal court; and            
 providing for an effective date."  He said a proposed committee               
 substitute was available.                                                     
                                                                               
 REPRESENTATIVE BRIAN PORTER said the sponsor of HB 120 is in                  
 majority caucus.  He said the proposed committee substitute for HB
 incorporates the clarifying language of the last line, "The               
 expiration on January 1, 1999, of the attorney general's authority            
 to waive the state's Eleventh Amendment immunity does not affect              
 existing waivers in ongoing cases."  He said the proposed committee           
 substitute addresses the amendment discussed at the February 10,              
 1997, committee meeting which expanded the waiver ability of the              
 attorney general to include cases where the state seeks to allocate           
 fault to the federal government or a federal employee under AS                
 9.17.080.  He said the proposed committee substitute seems to                 
 incorporate everything that the committee had in mind.  He moved to           
 adopt the proposed committee substitute, version B, to HB 120.                
 Hearing no objection, CSHB 120(JUD) was before the House Judiciary            
 Standing Committee.                                                           
                                                                               
 REPRESENTATIVE PORTER made a motion to move CSHB 120(JUD) out of              
 committee with individual recommendations and accompanying fiscal             
 note.  Hearing none CSHB 120(JUD) was moved from the House                    
 Judiciary Standing Committee.